Text: H.R.5395 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 5395 IH
102d CONGRESS
2d Session
 H. R. 5395
To exchange lands within the State of Utah, between the United States and
the State of Utah.
IN THE HOUSE OF REPRESENTATIVES
June 15, 1992
Mr. ORTON introduced the following bill; which was referred to the Committee
on Interior and Insular Affairs
A BILL
To exchange lands within the State of Utah, between the United States and
the State of Utah.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Utah Federal Lands Exchange Equity Act
  of 1992'.
SEC. 2. NAVAJO NATION LANDS.
  For the purpose of securing to the Navajo Nation certain lands in the State
  of Utah, located within the boundaries of the Navajo Indian Reservation,
  which comprise approximately 38,500 surface acres, and 48,000 subsurface
  acres, as generally depicted on the map entitled `Utah-Navajo Land Exchange',
  dated May 18, 1992, such lands are hereby declared to be part of the Navajo
  Indian Reservation in the State of Utah effective upon the completion
  of the conveyances under section 3 and acceptance of title by the United
  States and the State of Utah.
SEC. 3. CONVEYANCES.
  (a) EXCHANGE- The Secretary of the Interior is authorized and directed
  to acquire through exchange those lands described in section 2 which are
  owned by the State of Utah, subject to any valid existing rights-of-way
  and leasehold interests, and shall exchange for said lands the Federal
  lands or interests therein that are generally depicted on the map entitled
  `Utah-Navajo/Goshute Land Exchange'.
  (b) CONVEYANCE TO SAN JUAN COUNTY- The Secretary of the Interior is
  authorized and directed to convey to San Juan County, Utah, 5,000 acres of
  land, generally depicted on the map entitled `San Juan County Conveyance',
  dated May 18, 1992. Land conveyed to San Juan County shall not be offset
  against State lands exchanged pursuant to this Act.
SEC. 4. COST; TITLE.
  The lands exchanged pursuant to section 3 shall be transferred without
  cost to the Navajo Nation or the State of Utah. Title to lands included
  within the Navajo Indian Reservation under section 2 shall be taken by
  the United States in trust for the benefit of the Navajo Nation.
SEC. 5. GOSHUTE INDIAN LANDS.
  For the purpose of securing to the Goshute Indian Tribe certain lands in
  the State of Utah, located within the boundaries of the Goshute Indian
  Reservation, which comprise approximately 1,000 surface acres, and 1,500
  subsurface acres, as generally depicted on the map entitled `Utah-Goshute
  Land Exchange', dated May 18, 1992, such lands are hereby declared to be
  part of the Goshute Indian Reservation in the State of Utah.
SEC. 6 EXCHANGE.
  The Secretary of the Interior is authorized and directed to acquire through
  exchange those lands described in section 5 which are owned by the State of
  Utah subject to any valid existing rights-of-way and leasehold interests, and
  shall exchange for said lands the Federal lands or interests therein that are
  generally depicted on the map entitled `Utah-Navajo/Goshute Land Exchange'.
SEC. 7. COST; TITLE.
  The lands exchanged pursuant to section 6 shall be transferred without
  cost to the Goshute Indian Tribe or the State of Utah. Title to the lands
  of the Goshute Indian Reservation shall be taken by the United States in
  trust for the benefit of the Goshute Indian Tribe.
SEC. 8. FOREST LANDS; CONSOLIDATION OF STATE LANDS.
  (a) ACQUISITION OF STATE LANDS- The Secretary of Agriculture is authorized
  and directed to acquire, by exchange as provided in this section, those
  lands owned by the State of Utah located within units of the National
  Forest System which are State of Utah school trust lands, comprising
  approximately 76,000 acres, as depicted on a map entitled `Utah Forest
  Land Exchange', dated May 18, 1992. Such lands shall be acquired subject
  to existing rights-of-way and leasehold interests. Any lands acquired by
  the United States under this section shall become a part of the National
  Forest within which such lands are located and, upon acquisition by the
  United States, shall become subject to all laws, rules, and regulations
  applicable to lands within the national forest system.
  (b) FEDERAL INTERESTS OR LANDS TO BE EXCHANGED- In exchange for the
  conveyance by the State of Utah of school trust lands and acceptance of
  title to such lands by the Secretary of the Agriculture under subsection
  (a), the State of Utah may elect to receive in exchange for the State
  lands so conveyed one of the following--
  (1) The Federal mineral interests under lease and covered by an approved
  plan of development and reclamation in the State of Utah, as generally
  depicted on the map entitled `Utah Forest Lands Exchange--2'.
  (2) Lands selected by the State of Utah from lands within the State which
  are owned by the United States and located within units of the National
  Forest System: Provided, however, that the acre for acre exchange of lands
  within a national forest must be for Federal land within the boundaries
  of the national forest in which the State land is located.
  (3) Any combination of--
  (A) a portion of the interests referred to in paragraph (1), or
  (B) lands referred to in paragraph (2).
Whenever the State makes an election under this paragraph, the interests
referred to in paragraph (1) to be transferred to the State shall be adjusted
to reflect the acre for acre exchange under subparagraph (B).
  (c) WAIVER OF OTHER LAW- All Federal laws, rules, regulations and
  guidelines otherwise applicable to the exchange or transfer of Federal
  lands or mineral interests are hereby waived with respect to any exchange
  or transfer carried out under this section.
  (d) EXCHANGE OF FOREST SYSTEM LANDS- The State of Utah may select for
  exchange under subsection (b)(2) or (b)(3)(B) any national forest system
  lands within the State of Utah except that--
  (1) no lands designated as wilderness may be selected; and
  (2) no single parcel of national forest system lands which is less than
  2560 acres may be selected unless such parcel is adjacent to existing
  State or private lands.
Any exchange of lands under subsection (b)(2) or (b)(3)(B) shall be on an acre
for acre basis without regard to the value of the lands exchanged. The State
of Utah shall begin to select any lands to be exchanged within 120 days after
the enactment of this Act, and the transfer of such lands shall be completed as
soon as practicable but not later than 5 years after the enactment of this Act.
SEC. 9. NATIONAL PARK LANDS.
  (a) TRANSFER OF STATE LANDS- In order to preserve the areas in the State of
  Utah possessing superlative scenic, scientific, and archaeologic features
  for the inspiration, benefit, and use of the public, while providing a
  reasonable income for the public schools of the State of Utah, the Secretary
  of the Interior may acquire, whenever so requested by the State of Utah,
  by exchange as provided in this section, all school and institutional trust
  lands located within all established units of the National Park system in
  the State of Utah. Such acquisition shall be subject to any valid existing
  rights-of-way and leasehold interests.
  (b) FEDERAL INTERESTS OR LANDS TO BE EXCHANGED- In exchange for the
  conveyance by the State of Utah of school trust lands and acceptance of
  title to such lands by the Secretary of the Interior under subsection (a),
  the State of Utah may elect to receive in exchange for the State lands so
  conveyed one of the following--
  (1) A payment by the United States to the permanent funds established by
  sections 8 and 10 of the Act of July 16, 1894, of an additional 25 percent
  of the royalties, sales, bonuses, interest charges, penalties, and rentals
  collected by the United States pursuant to the Mineral Leasing Act from
  mineral leases on lands within the State of Utah. Such additional payment
  shall continue until the total amount of such additional payment to the
  State equals $170,000,000, together with interest thereon from the date
  of enactment.
  (2) The transfer to the State of any Federal land within the State of Utah
  (except land in National Parks and Monuments, National Wildlife Refuges,
  military reservations, Indian reservations, and designated wilderness areas).
  (3) Any combination of--
  (A) an additional 25 percent of the royalties, sales, bonuses, interest
  charges, penalties, and rentals referred to in paragraph (1), and
  (B) a transfer of Federal lands referred to in paragraph (2).
Whenever the State makes an election under this paragraph, the additional
payment referred to in subparagraph (A) shall be based on the payment
described in paragraph (1) adjusted to reflect the acre for acre exchange
under subparagraph (B).
  (c) EXCHANGES OF FEDERAL LANDS- The State of Utah may select for exchange
  under subsection (b)(2) or (b)(3)(B) any lands within the State of Utah
  administered by the Secretary and selected by the State, except that--
  (1) no lands which are within a National Park, National Monument, National
  Wildlife Refuge, military reservation, Indian Reservation or designated
  wilderness area may be selected; and
  (2) no lands within a Bureau of Land Management Wilderness Study Area may
  be selected unless such lands have been released from wilderness study by
  Act of Congress.
Any exchange of lands under subsection (b)(2) or (b)(3)(B) shall be on an acre
for acre basis without regard to the value of the lands exchanged. The State
of Utah shall begin its selection of lands to be exchanged within 120 days
after the enactment of this Act and complete such selection within 5 years
after all land designated (as of the enactment of this Act) as Wilderness
Study Areas by the Bureau of Land Management has either been designated as
wilderness or released from wilderness study.
  (d) WAIVER OF OTHER LAW- All Federal laws, rules, regulations and guidelines
  otherwise applicable to the exchange or transfer of Federal lands or mineral
  revenues are hereby waived with respect to any exchange or transfer carried
  out under this section.
  (e) GLEN CANYON NRA- Any lands acquired from the State of Utah pursuant
  to this Act which are located within the boundaries of the Glen Canyon
  Recreation Area shall be considered to be within the boundaries of that
  recreation area notwithstanding the Act of October 27, 1972 (Public Law
  92-593; 16 U.S.C. 460dd et seq.), and such lands shall be administered
  as a part of said recreation area in accordance with the laws, rules,
  and regulations applicable to said recreation area.
  (f) STABILIZATION OF COUNTY REVENUE- It is the intent of Congress that,
  whenever the State of Utah transfers to the United States under this Act
  any State lands within the boundaries of a county for Federal lands without
  acquiring in exchange Federal lands within the boundaries of that county
  of equivalent value, the State should establish a funding mechanism to
  assure that the county will receive the same revenue from such lands as the
  county would have received if the transfer had not taken place. Whenever
  the State makes an exchange under subsection (b)(2) or (b)(3)(B) providing
  for the transfer to the United States of State lands within any county,
  at least one-third of the land selected by the State for acquisition by
  the State in exchange shall be located within the same county, unless the
  county and the State mutually agree to waive such requirement.
SEC. 10. LEGAL DESCRIPTIONS.
  As soon as practicable after enactment of this Act, a map and legal
  description of the lands of the Navajo and Goshute Indian Reservations
  and public lands exchanged under this Act shall be filed by the Secretary
  concerned with the Committee on Interior and Insular Affairs of the House
  of Representatives and the Committee on Energy and Natural Resources of
  the Senate. Each such map and description shall have the same force and
  effect as if included in this Act, except that the Secretary may correct
  clerical and typographical errors in each such legal description and
  map. Each such map and legal description shall be on file and available for
  public inspection both in the office of the Director of the Bureau of Land
  Management, Department of the Interior, Washington, D.C. and in the office
  of the State Director of the Bureau of Land Management in the State of Utah.
SEC. 11. FAIR MARKET VALUE.
  (a) APPRAISALS- For purposes of permitting the State of Utah to make an
  election under subsection (b)(3) of section 8 or under subsection (b)(3)
  of section 9, the Secretary concerned and the Governor of the State of Utah
  shall arrange for an appraisal of the lands or interests therein which the
  State proposes to transfer to the United States in exchange for Federal
  mineral interests under section 8 or for a percentage of royalties, sales,
  bonuses, interest charges, penalties, and rentals under section 9. The
  parties shall mutually agree to negotiate the proper appraisal standards
  and techniques to be applied to such lands before any appraisal work is
  commenced. All such appraisals shall be completed within a time frame,
  and under such terms and conditions, as shall be mutually agreed upon by
  the parties. The parties to any such exchange may agree to use a process of
  bargaining or another process to determine the values of the lands involved
  in any such exchange in order to assure that the exchange is based on the
  fair market value of the lands and represents value for value.
SEC. 12. MISCELLANEOUS PROVISIONS.
  Section 6902(b) of title 31, United States Code, shall not apply to payments
  for lands acquired by the United States pursuant to this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated such sums as are necessary to
  carry out this Act.

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